New DHS rules for businesses to reopen, says Rose Law Group attorney Thomas Galvin

By Thomas Galvin | Rose Law Group Reporter

Yesterday, the Arizona Department of Health Services announced new rules for several industries that have been shut down during the Covid-19 pandemic. The new rules have been promulgated in response to the recent lawsuit involving the state and Mountainside Fitness. Specifically, gyms and fitness centers, bars and nightclubs, waterparks and tubing, and movie theaters will have to follow these guidelines in order to reopen.

The benchmarks are classified into minimal, moderate, and substantial transmission categories as defined by the CDC. Currently, Arizona is in the “substantial transmission” category. In order for Arizona to move up to an improved category, the following benchmarks must be met for 14 days, with a 12-day reporting lag period to move from a higher transmission phase to a lower one.

There are specific guidelines for bars and nightclubs that operate as restaurants, bars and nightclubs that don’t serve food, indoor theaters, gyms, and water parks. DHS also noted that, “Businesses have the opportunity through the attestation process for review of individual circumstances in the event that they are denied the ability to reopen for public health reasons.”

·  ADHS Requirements Bars and Nightclubs Providing Dine-In Services

·  ADHS Requirements for Bars and Nightclubs Not Operating as a Restaurant

·  ADHS Requirements for Indoor Theaters

·  ADHS Requirements for Indoor Gyms and Fitness Centers

·  ADHS Requirements for Water Parks & Tubing Operators

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August 2020